Any possibility of getting an 18 month old CCJ set aside?

[muscat329]

The CCJ was obtained in late June 2007, well before I had heard of CAG and understood my rights.

 

Details are, I defaulted on an unsecured loan, balance about £4,500 and a Credit Card, balance about £11,000, both with the same high street bank. Both debts were included in the one CCJ. I admitted the debt apart from one penalty charge.

 

I have recently examined the paperwork I have, and the evidence bundle submitted by the banks solicitor.

 

Regarding the loan, the evidence included the front of a CCA, but they didn't include the terms and conditions which are printed on the back.

They didn't include the Default Notice. I have a DN dated 28 July 06, which was a Friday. Date of service therefore 1st Aug. The DN gave 11th Aug as the payment date = 9 days.

 

Regarding the Credit Card, the bank's written evidence states "the application form is not available (ie no CCA) but I exhibit copy statements from xxx to yyy". They didn't include a copy of the Default notice. I have a DN dated 13 Oct 06, a Friday. Therefore date of service is 17th Oct. The breach payment date is 27th Oct = 9 or 10 days.

 

In summary, both DNs are defective, one CCA is missing and one didn't have Ts & Cs.

 

So the $64,000 dollar question, how would the Court view an application from me now to have the CCJ set aside, when I have been paying instalments for 18 months?

 

regards,

 

Muscat

[rameses_qc]

I thibnk you would have problems, as you have been paying, and have admitted the debt by doing so. Additionally, you admitted the debt to the Court. CCJs can only be set aside under limited circumstances, and you wouold bneed to show that you have a legitimate defence to have it permanently set aside. A set aside would only quash it from the date it was issued. The creditor would then only get another one. the fact that you've been paying for 18 months works against you

[muscat329]

Thanks for the input Rameses

 

Do any of the CAG legal eagles have a different view, or do I just forget it?

 

regards,

 

Muscat